Marco Novella

Nuove tecniche di diritto diseguale e principio di eguaglianza

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The paper contains some remarks about the principle of equality and its connection with the new model of "unequal law" contained in the Act n. 276/2003. The author examines whether an incentive-based policy encouraging the employment of disadvantaged individuals and founded on a different (inferior) treatment can be regarded as legitimate from an equality point of view. In the author opinion the solution can be founded in the EC law, in particular in the directives 2000/78, 2000/43 and 2002/73, in which affirmatives actions are defined as "specific advantages" for the disadvantaged groups to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers.

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